Banning Revokes $275K Severance Agreement, Fires City Manager

Two months after Banning's city manager announced that he'll be resigning-- and the city said they were working on finalizing his severance agreement-- the city council has pulled the plug.

According to Banning City Attorney David Aleshire, the council voted Tuesday night to "terminate" Andy Takata's employment immediately, without pay.

On Jan. 14, Takata officially announced his resignation.  No reasons were publicly provided as to why he was choosing to leave his position as city manager after four years.

According to Aleshire, Takata had signed a severance agreement valued at $275,951.67 on Feb. 20, but changed his mind six days later, which he was legally permitted to do.

From there, the Banning City Council "weighed its options," Aleshire said.

At a closed session city council meeting Tuesday, the group "...considered further Mr Takata's performance and decided to terminate his contract effective March 25, 2014 without payment of any severance," according to Aleshire.

Here's the full statement from the Banning City Attorney: 

On January 14, 2014 the City Council as a part of an evaluation process of City Manager Andy Takata determined to accept his proposed resignation in exchange for paying the severance payment stated in his contract and put him on administrative leave while instructing the City Attorney and an ad hoc Council committee to negotiate the details of a written severance agreement and release with the City Manager.   

A draft severance agreement was developed providing the severance payment of $275,951.67 which was 14 months of salary in accordance with the City Manager's contract entered into on January 12, 2010.  

Mr Takata signed the severance agreement on February 20, 2014 but had the legal right to revoke the agreement in 7 days of its execution.  Mr Takata did so revoke the severance agreement in writing on February 26, 2014.  Since then he has remained on paid administrative leave while the City Council weighed its options.  

The City Council tonight considered further Mr Takata's performance and decided to terminate his contract effective March 25, 2014 without payment of any severance.  

Through Mr Takata's attorney, Mr Brad Gage, Mr Takata requested that the Council defer considering the matter for 30 days.  

The City Council has lost confidence in Mr Takata's management and was unwilling to defer this decision further as requested.  The decision of the Council was unanimous upon a motion made by Councilmember Westholder seconded by Councilmember Miller.  

While in recent months there have been reports in the media concerning various matters that have not reflected well on the City or the City Manager, the City Council has no desire to try its issues with Mr Takata in the court of public opinion.  

Mr Takata has a long career of public service and though litigation may result over this decision, the Council would wish that he can go forward with as little disruption to his career as possible.  

Accordingly, Councilmembers will not individually comment on this matter to the media.